Daniel Brown, Siad’s lawyer, said in an email that ethical and professional obligations prevent him from speaking about anything he may have learned during his time as counsel. “Likewise, my conversations with prosecutors about any of my clients would be protected by the same solicitor-client privilege.”
“Unlike myself, the Toronto Police are not bound by privilege and would be in the best position to answer questions about what evidence is in their possession,” Brown said.
Brown also noted that while he is still the counsel of record for Siad, he is planning to make an application to remove himself from the case, for unspecified reasons.”
There is a thing called Crown Disclosure. The Crown Disclosure rule is that Crown must disclose all material information that is in its possession or control, even if the evidence isn’t going to be called at trial or is inculpatory or exculpatory.
Here’s what I know:
• Siad possessed the video.
• The police got the video when they arrested him, using a search warrant.
• The Crown office was then given the video.
• The Crown disclosed the video to lawyer Brown. He has it.
Will the video come out anytime soon? I don’t know.
But what I do know is this: the video is in the hands of many people, now. And it has been seen by many more. And it shows Rob Ford smoking what appears to be crack cocaine.
It is real.